After a crash, many people wonder whether they really need a lawyer or whether they can handle the insurance claim on their own. Understanding what a car accident lawyer actually does in Georgia can help you decide. Below, we walk through each part of the job, from the first phone call to the final settlement check.
Hurt in a crash in metro Atlanta? Find out what your case may be worth.
Key Takeaways
- A Georgia car accident lawyer investigates the crash, proves fault, documents your injuries, and deals with insurance companies for you.
- Georgia is an at-fault state, so the negligent driver’s insurer is usually responsible for paying your damages.
- Most injury claims in Georgia must be filed within two years of the crash under O.C.G.A. § 9-3-33.
- Under Georgia’s modified comparative fault rule, you can recover compensation only if you are less than 50 percent at fault.
- Most car accident lawyers, including our firm, work on contingency, so you pay no attorney fee unless you recover money.
1. Evaluates Whether You Have a Case
The first thing a lawyer does is review the facts: how the crash happened, the police report, your injuries, and the available insurance. A good attorney will tell you honestly whether the claim is worth pursuing and roughly what it may be worth. At Cambre & Associates, this consultation is free.
2. Investigates the Crash and Proves Fault
Because Georgia is a fault-based state, you must prove the other driver was negligent. A lawyer gathers the Georgia crash report, photos, witness statements, traffic camera and dash cam video, 911 recordings, phone records in distracted driving cases, and vehicle data. In complex cases, the firm may hire an accident reconstruction expert. Learn more about how fault is determined in a Georgia car accident.
3. Protects You From Comparative Fault Arguments
Insurance adjusters often try to shift blame to the injured person. Under O.C.G.A. § 51-12-33, your compensation is reduced by your percentage of fault, and you recover nothing if you are found 50 percent or more responsible. A lawyer pushes back on these arguments with evidence. Read our guide to Georgia comparative negligence law.
4. Documents Your Injuries and Losses
A lawyer collects your medical records and bills, tracks lost wages, and works with doctors and economists to estimate future treatment and lost earning capacity. They also document non-economic losses such as pain, emotional distress, and loss of enjoyment of life. See our article on pain and suffering damages in Georgia. Damage to your vehicle can be pursued as well; see can I sue someone for property damage in Georgia.
5. Handles the Insurance Companies
Your lawyer takes over all communication with the at-fault driver’s insurer and your own. That includes preventing recorded statements that can be used against you, identifying every available policy, and making claims under your own uninsured or underinsured motorist coverage when the other driver’s limits are too low. Georgia’s minimum liability coverage is only $25,000 per person, which is rarely enough for serious injuries.
6. Negotiates a Fair Settlement
Once your treatment plan is clear, the lawyer prepares a demand package explaining liability and damages, then negotiates with the insurer. Most car accident cases settle without a trial, but insurers make better offers when they know your lawyer is prepared to go to court.
7. Files a Lawsuit and Goes to Trial if Needed
If the insurer refuses to pay a fair amount, your attorney files a lawsuit before the two-year deadline, handles discovery and depositions, and represents you at mediation and trial. If a government vehicle was involved, the lawyer also makes sure the much shorter ante litem notice deadlines are met. Learn what to expect when filing a personal injury lawsuit.
8. Resolves Liens and Distributes Your Settlement
Before you are paid, health insurers, Medicare or Medicaid, and hospitals may claim part of the settlement. A lawyer negotiates these liens to put more money in your pocket. Read more about hospital liens in injury cases.
How Much Does a Car Accident Lawyer Cost in Georgia?
Most Georgia car accident attorneys work on a contingency fee, meaning the fee is a percentage of the recovery and you pay nothing up front. If there is no recovery, there is no attorney fee. See how contingency fees work and how much a personal injury lawyer costs in Atlanta.
When Should You Call a Lawyer?
It is best to call as soon as possible after the crash, especially if you were injured, fault is disputed, a commercial vehicle or rideshare was involved, or the insurer is pressuring you to settle quickly. Evidence such as video footage can disappear within days.
Talk to an Atlanta Car Accident Attorney
Cambre & Associates has recovered millions of dollars for injured Georgians. If you were hurt in a crash, speak with an Atlanta car accident attorney on our team for a free consultation. We serve clients throughout metro Atlanta, and our Atlanta personal injury lawyers can help with every type of injury claim.